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Modelling Dual-Use Trade Control Systems

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Odette Jankowitsch-Prevor, Quentin Michel and Sylvain Paile

The Chaudfontaine Group was established in 2010 as an annual two-day gathering of young Europeans with diverse academic backgrounds, including lawyers, economists and political scientists, from relevant national authorities, European institutions, scientific centres and industry. Its members are invited to discuss their respective viewpoints on the European trade of sensitive goods, focusing on the strategic issues confronting this sector in a rapidly evolving international context.
In December 2013, at its fourth conference, the Group met with African experts to debate the question of how African countries control the trade of dual-use items and the challenges they face in their search for effective regulations. The objective was to study whether international norms and experiences, pertaining both to states and to organisations, could be used as standardised models for African countries affected by unique security concerns.
This volume analyses and discusses those trade control systems which could be described as «models» and might therefore serve as a standard to be exported to the African countries in question. The debate is multi-levelled and studies the possibility of setting universal, regional or even-sub-regional norms.
The contributors to this book, who display a wide variety of expertise, call for the adoption of norms which they argue have the potential to reconcile freedom of trade with international security, without presuming that these norms should be universal.
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A Portuguese Point of View (Miguel Sousa Ferro)

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Miguel Sousa FERRO

Guest Lecturer – University of Lisbon Law School Counsel – Eduardo Paz Ferreira & Associados

The questions underlying the issue raised by the organisers of this book are so numerous and so complex, that they become almost overwhelming. It is, therefore, comforting that the requested contributions are so limited in size, as it makes one feel more comfortable about presenting merely broad considerations and thoughts on the relevant issues. In so doing, I shall focus on the topics which proved to be most relevant and controversial at the workshop that preceded the drafting of these considerations, at Chaudfontaine, in December 2013.

A special word of thanks to Quentin Michel, Odette Jankowitsch and their team, for their continued efforts in successfully bringing together an international group of experts to discuss an often neglected topic in an environment that allows for a candid and fruitful exchange of views, with the common goal of thinking ahead and looking for the best solutions for the most pressing problems in this field.

Naturally, I will not avoid making an initial reference to the situation in my country of origin, particularly considering that much of my perspective on the issues to be discussed is, of course, framed by this national experience.

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